Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT Pro Tempore.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Of the captives which the Lord brought back to Zion, the Psalmist wrote:
"Our mouths were filled with laughter, our tongues with songs of joy." (Psalm 126:2a)
Let us pray:
Gracious Lord, there are so many burdens which fall upon our shoulders. The needs of the people of this State are so very great. Political realities in the world unsettle us-especially when they involve the many women and men who are striving to defend the cause of freedom worldwide. Sometimes our own households challenge us as they present problems which just can't be ignored. Still, O God-Your promise to each one of us remains as constant as it has throughout the ages. Because of Your love-Your steadfast love-we can dare to laugh and to sing with joy. By Your grace, Lord, allow us to be Your joyful servants... always.
Amen.
The PRESIDENT Pro Tempore called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
Senator McCONNELL introduced Dr. Marc D. New of North Charleston, S.C., Doctor of the Day.
S. 99 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTIONS 7-11-20 AND 7-13-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY CONVENTIONS AND PARTY PRIMARY ELECTIONS CONDUCTED BY THE STATE ELECTION COMMISSION AND COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE STATE ELECTION COMMISSION CONDUCT PRESIDENTIAL
On motion of Senator MALLOY, with unanimous consent, the name of Senator MALLOY was added as a co-sponsor of S. 99.
On motion of Senator FAIR, with unanimous consent, Senators SCOTT, ANDERSON and FAIR were granted leave to attend a subcommittee meeting of the Medical Affairs Committee and be granted leave to vote from the balcony.
The following were introduced:
S. 551 (Word version) -- Senator Matthews: A SENATE RESOLUTION TO CONGRATULATE MRS. ALIN JESSIE SALLEY RIGBY ON THE OCCASION OF HER EIGHTY-FIFTH BIRTHDAY AND TO WISH HER A JOYOUS BIRTHDAY CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
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The Senate Resolution was adopted.
S. 552 (Word version) -- Senators Williams, Grooms, Reese, McGill, Drummond, Elliott, Hutto, Rankin, O'Dell, Knotts, Land, Scott and Patterson: A BILL TO AMEND SECTION 50-11-1260 OF THE 1976 CODE, RELATING TO THE CONTINUED RELEASE OF PEN-RAISED MALLARDS AND TURKEYS PURSUANT TO A LICENSE IN EFFECT AS OF DECEMBER 31, 2005, TO REMOVE THE PROHIBITION AGAINST LICENSE TRANSFER.
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Read the first time and referred to the Committee on Fish, Game and Forestry.
S. 553 (Word version) -- Senators Martin and Hutto: A BILL TO AMEND SECTION 30-4-70(C) OF THE 1976 CODE, RELATING TO A CLOSED MEETING OF A PUBLIC BODY, TO PROVIDE THAT
Read the first time and referred to the Committee on Judiciary.
S. 554 (Word version) -- Senators Martin and Hutto: A BILL TO AMEND SECTION 30-4-30(C) OF THE 1976 CODE, RELATING TO THE RIGHT TO INSPECT A PUBLIC RECORD, TO PROVIDE THAT A PUBLIC BODY MUST ANSWER A FREEDOM OF INFORMATION REQUEST WITHIN TEN DAYS OF RECEIPT INSTEAD OF FIFTEEN.
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Read the first time and referred to the Committee on Judiciary.
S. 555 (Word version) -- Senators Martin, Hutto and Sheheen: A BILL TO AMEND SECTION 30-4-30(B) OF THE 1976 CODE, RELATING TO A PUBLIC RECORD, TO PROVIDE THAT A PUBLIC BODY MAY NOT CHARGE MORE THAN THE PREVAILING COMMERCIAL RATE FOR COPIES OF A PUBLIC RECORD.
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Read the first time and referred to the Committee on Judiciary.
S. 556 (Word version) -- Senators Martin, Hutto and Sheheen: A BILL TO AMEND SECTION 30-4-70(B) OF THE 1976 CODE, RELATING TO AN EXECUTIVE SESSION OF A PUBLIC BODY, TO PROVIDE THAT THE PRESIDING OFFICER MUST STATE THE SPECIFIC PURPOSE OF THE MEETING, THAT NO OTHER MATTER MAY BE LAWFULLY DISCUSSED, AND THAT NO VOTE OR STRAW POLL MAY BE TAKEN.
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Read the first time and referred to the Committee on Judiciary.
S. 557 (Word version) -- Senators Martin and Hutto: A BILL TO AMEND SECTION 30-4-80(a) OF THE 1976 CODE, RELATING TO MEETINGS OF A PUBLIC BODY, TO PROVIDE THAT THE AGENDA FOR ALL REGULARLY SCHEDULED MEETINGS
Read the first time and referred to the Committee on Judiciary.
H. 3162 (Word version) -- Reps. Walker, Cotty, Bales, Govan and Scott: A BILL TO AMEND SECTION 59-26-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND THE COMMISSION ON HIGHER EDUCATION, SO AS TO ESTABLISH THE SOUTH CAROLINA TEACHER LOAN PROGRAM POLICY BOARD OF GOVERNANCE AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
Read the first time and referred to the Committee on Education.
H. 3249 (Word version) -- Reps. Scarborough, Umphlett and McLeod: A BILL TO AMEND SECTION 1-23-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO PROVIDE NOTICE TO ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, DELETING THE PROVISIONS ESTABLISHING AUTOMATIC APPROVAL OF REGULATIONS AFTER ONE HUNDRED TWENTY DAYS AND PROVIDING THAT REGULATIONS MAY ONLY BE EFFECTIVE BY ENACTMENT OF A JOINT RESOLUTION APPROVING THE REGULATION, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND PROVIDING EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND
Read the first time and referred to the Committee on Judiciary.
H. 3362 (Word version) -- Reps. Parks, Sandifer, Scott, Pinson, Allen, Agnew, Alexander, Cato, Cobb-Hunter, Davenport, Harrison, Hart, Harvin, Howard, Jefferson, Leach, Miller, J. H. Neal, M. A. Pitts, Sellers, F. N. Smith, Taylor, Weeks, Whipper, Whitmire and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-63-72 SO AS TO REQUIRE AN EMBALMER OR FUNERAL DIRECTOR WHO FILES A DEATH CERTIFICATE TO PROVIDE HIS EMBALMER OR FUNERAL HOME DIRECTOR LICENSE NUMBER ON THE DEATH CERTIFICATE; AND TO AMEND SECTION 44-63-70, RELATING TO THE STATE REGISTRAR'S OBLIGATION TO PRESCRIBE DEATH CERTIFICATE FORMS, AMONG OTHER VITAL STATISTICS FORMS, TO COUNTY REGISTRARS AND APPROPRIATE AGENCIES, SO AS TO REQUIRE THE REGISTRAR TO INCLUDE ON DEATH CERTIFICATE FORMS A SPACE WHERE AN EMBALMER OR FUNERAL DIRECTOR MAY PROVIDE HIS LICENSE NUMBER WHEN FILING A DEATH CERTIFICATE.
Read the first time and referred to the Committee on Medical Affairs.
H. 3452 (Word version) -- Reps. Breeland, Bales, Bannister, Dantzler, Govan, Hosey, Jefferson, Knight, Mack, Miller, J. M. Neal, Rice, F. N. Smith
Read the first time and referred to the General Committee.
H. 3505 (Word version) -- Reps. Harrell, W. D. Smith, Cato, Chellis, Cooper, Harrison, Walker, Witherspoon, Merrill, Cotty, Duncan, Hagood, Huggins, Scarborough, Haley, Davenport, Ballentine, Bannister, Battle, Bedingfield, Bingham, Bowen, Brady, Breeland, G. Brown, Ceips, Clemmons, Crawford, Dantzler, Delleney, Gambrell, Gullick, Hamilton, Haskins, Hayes, Hinson, Hiott, Kelly, Kirsh, Knight, Leach, Littlejohn, Lowe, Lucas, Mahaffey, Moss, Mulvaney, Owens, Perry, Pinson, E. H. Pitts, M. A. Pitts, Shoopman, Simrill, Skelton, G. M. Smith, G. R. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, White, Whitmire, Young, Hodges, Viers and Rice: A JOINT RESOLUTION TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND BRING TO ITS EARLIEST CONCLUSION THE CONDEMNATION ACTION IT HAS BEGUN INVOLVING APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY NEEDED TO DEVELOP NEW TERMINAL FACILITIES; TO PROVIDE THAT THE POWER AND AUTHORITY OF JASPER COUNTY TO UNDERTAKE ANY CONDEMNATION ACTION REGARDING THIS APPROXIMATELY ONE THOUSAND EIGHT HUNDRED ACRES IN JASPER COUNTY OR ANY OTHER CONDEMNATION ACTION IN REGARD TO THE DEVELOPMENT OF TERMINAL FACILITIES IN JASPER COUNTY IS SUSPENDED FOR A PERIOD OF THREE YEARS FROM THE EFFECTIVE DATE OF THIS JOINT RESOLUTION; TO DIRECT THE STATE PORTS AUTHORITY TO CONTINUE AND COMPLETE CERTAIN OTHER ACTIONS BEGUN BEFORE THE EFFECTIVE DATE OF THIS JOINT RESOLUTION IN REGARD TO THESE NEW TERMINAL FACILITIES; AND TO DIRECT THE STATE PORTS AUTHORITY TO BEGIN SPECIFIC NEW UNDERTAKINGS WITHIN A STIPULATED TIME FRAME UPON FINAL CONCLUSION INCLUDING ALL APPEALS OF THE ABOVE CONDEMNATION ACTION.
Read the first time and referred to the Committee on Transportation.
H. 3664 (Word version) -- Reps. Taylor, Duncan and M. A. Pitts: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE JUDY HAYES FOR HER TIRELESS SERVICE TO THE LAURENS COUNTY COMMUNITY IN HER ROLE AS DIRECTOR OF THE LAURENS COUNTY REGISTRATION AND ELECTION COMMISSION, AND TO WISH HER ALL THE BEST UPON HER RETIREMENT.
The Concurrent Resolution was adopted, ordered returned to the House.
H. 3686 (Word version) -- Rep. Sellers: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF MRS. ANNIE F. GADSON, OF RICHLAND COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was adopted, ordered returned to the House.
Senator KNOTTS from the Committee on Invitations polled out H. 3587 favorable:
H. 3587 (Word version) -- Reps. Crawford, Agnew, Alexander, Allen, Anderson, Anthony, Bales, Ballentine, Bannister, Barfield, Battle, Bedingfield, Bingham, Bowen, Bowers, Brady, Branham, Brantley, Breeland, G. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Funderburk, Gambrell, Govan, Gullick, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Hart, Harvin, Haskins, Hayes, Herbkersman, Hinson, Hiott, Hodges, Hosey, Howard, Huggins, Jefferson, Jennings, Kelly, Kennedy, Kirsh, Knight, Leach, Limehouse, Littlejohn, Loftis, Lowe, Lucas, Mack, Mahaffey, McLeod, Merrill, Miller, Mitchell, Moody-Lawrence, Moss, Mulvaney, J.H. Neal, J.M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E.H. Pitts, M.A. Pitts, Rice, Rutherford, Sandifer, Scarborough, Scott, Sellers, Shoopman, Simrill, Skelton, D.C. Smith, F.N. Smith, G.M. Smith, G.R. Smith, J.E. Smith, J.R. Smith, W.D. Smith, Spires, Stavrinakis, Stewart, Talley, Taylor, Thompson, Toole, Umphlett, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Williams, Witherspoon and Young: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE
Knotts Alexander Patterson O'Dell McGill Reese Elliott Ford Verdin Campsen Cromer
Ordered for consideration tomorrow.
Columbia, S.C., March 8, 2007
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
S. 408 (Word version) -- Senators Short and Leatherman: A BILL TO AMEND SECTION 12-6-3360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOBS TAX CREDIT, SO AS TO PROVIDE THAT A COUNTY'S DESIGNATION MAY NOT DROP MORE THAN ONE TIER IN THE FOLLOWING YEAR AS A RESULT OF THE ANNUAL RANKING AND DESIGNATION OF COUNTIES BY THE DEPARTMENT OF REVENUE.
and has ordered the Bill enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
S. 394 (Word version) -- Senator Leatherman: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES BIG SWAMP ALONG SOUTH CAROLINA HIGHWAY 51 IN FLORENCE COUNTY, NEAR THE TOWN OF PAMPLICO, THE "J. LAVERNE ARD BRIDGE", AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THE BRIDGE CONTAINING THE WORDS "J. LAVERNE ARD BRIDGE".
Returned with concurrence.
Received as information.
S. 544 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION CONGRATULATING THE PEE DEE INDIAN NATION OF BEAVER CREEK ON THE DISTINGUISHED HONOR OF ITS RECOGNITION AS A "GROUP" BY THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS ON FEBRUARY 2, 2007.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bills were read the third time and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:
H. 3446 (Word version) -- Rep. Jennings: A BILL TO AMEND ACT 256 OF 1981, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF MARLBORO COUNTY, SO AS TO PROVIDE THAT THE MEMBERS ARE ELECTED FROM ELECTION DISTRICTS CORRESPONDING TO THE EIGHT SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE GOVERNING BODY OF MARLBORO COUNTY ARE ELECTED.
H. 3357 (Word version) -- Rep. Jennings: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MARLBORO COUNTY TRANSPORTATION COMMITTEE.
The following House Bill was read the third time and ordered returned to the House with amendments:
H. 3226 (Word version) -- Reps. Clemmons, Mulvaney, Moss, Bedingfield and Lowe: A BILL TO AMEND SECTION 8-13-740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF A PERSON BY A PUBLIC OFFICIAL BEFORE A GOVERNMENTAL BODY, SO AS TO REQUIRE A STATE, COUNTY, AND MUNICIPAL PUBLIC OFFICIAL INVOLVED IN A CONFLICT OF INTEREST TO COMPLY WITH RECUSAL REQUIREMENTS, TO ALLOW A PUBLIC OFFICIAL TO REMAIN IN OFFICE IF THE RECUSAL REQUIREMENTS ARE MET, AND TO PROHIBIT A GOVERNMENTAL BODY FROM REMOVING OR DISALLOWING A PERSON TO SERVE IN OFFICE OR EMPLOYMENT BASED ON RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, FAMILIAL STATUS, DISABILITY, OR LEGAL OCCUPATION.
By prior motion of Senator RANKIN, with unanimous consent
The following Bill and Joint Resolutions were read the third time and ordered sent to the House of Representatives:
S. 321 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 59-58-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA NONPUBLIC POST SECONDARY INSTITUTION LICENSE ACT, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 59-58-30, RELATING TO EXCLUSIONS FROM THE DEFINITION OF A "NONPUBLIC EDUCATIONAL INSTITUTION" FOR PURPOSES OF THE ACT, SO AS TO PROVIDE FOR FURTHER EXCLUSIONS; AND TO AMEND SECTION 59-58-80, RELATING TO BONDS OR COLLATERAL FOR THE PROTECTION OF STUDENT TUITION AND FEES, SO AS TO FURTHER PROVIDE FOR THE PURPOSE FOR WHICH THE PROCEEDS OF A SURETY BOND AND MONIES IN THE TUITION GUARANTY FUND, RENAMED THE STUDENT RECOVERY FUND, MAY BE USED.
S. 516 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO AIR POLLUTION CONTROL REGULATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3069, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 529 (Word version) -- Senators Gregory, Ford and Campsen: A JOINT RESOLUTION TO EXTEND UNTIL MARCH 30, 2007, THE TIME IN WHICH THE EMINENT DOMAIN STUDY COMMITTEE, ESTABLISHED TO FORMULATE RECOMMENDATIONS CONCERNING THE CONDEMNATION AUTHORITY OF ALL ENTITIES THAT POSSESS THE POWER OF EMINENT DOMAIN IN SOUTH CAROLINA, THE EFFECT OF GOVERNMENTAL POLICY ON THE VALUE AND OWNERSHIP OF PRIVATE PROPERTY, AND THE NEED FOR REVISION OF CURRENT SLUM CLEARANCE AND REDEVELOPMENT USES OF EMINENT DOMAIN IN SOUTH CAROLINA, HAS TO PRESENT ITS REPORT AND RECOMMENDATIONS TO THE CHAIRMAN OF THE SENATE JUDICIARY COMMITTEE, THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, AND THE GOVERNOR.
The following Bill, having been read the second time, was ordered placed on the Third Reading Calendar:
H. 3613 (Word version) -- Rep. Taylor: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO PROVIDE THAT PERSONS DESIRING TO BECOME CANDIDATES FOR ELECTION TO THE BOARDS SHALL FILE A STATEMENT OF CANDIDACY RATHER THAN A PETITION, TO REVISE THE DATE BY WHICH THE STATEMENTS OF CANDIDACY MUST BE FILED, AND TO PROVIDE THAT IF A CANDIDATE IS UNOPPOSED, HE IS DEEMED ELECTED UNDER SPECIFIED CONDITIONS AND PROCEDURES.
S. 103 (Word version) -- Senators Jackson, Lourie, Gregory, Fair and Ford: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLEAN INDOOR AIR ACT, INCLUDING EXCEPTIONS TO PLACES WHERE SMOKING IS PROHIBITED, SO AS TO DELETE PROVISIONS ALLOWING SMOKING IN CERTAIN PRIVATE OFFICES AND TEACHER LOUNGES AT SCHOOLS; AND BY ADDING SECTION 59-1-485 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO SMOKE OR POSSESS LIGHTED SMOKING MATERIAL IN OUTDOOR AREAS OF PUBLIC SCHOOLS AND PRESCHOOLS AND TO PROVIDE A PENALTY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Medical Affairs.
Senator HAYES proposed the following amendment (103R001.RWH), which was adopted:
Amend the committee amendment, as and if amended, page [103-1], by striking lines 33-34 and inserting:
/ (C) School districts shall provide or refer students, staff, and other offenders to smoking cessation services and shall ensure that tobacco use /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the perfecting amendment.
The perfecting amendment was adopted.
The Committee on Medical Affairs proposed the following amendment (NBD\11335AC07), which was adopted:
Amend the bill, as and if amended, by deleting Section 59-1-485 of the bill and inserting:
/ Section 59-1-485. (A) A person may not smoke or possess lighted smoking material in any form in indoor areas pursuant to Section 44-95-20(1) and in outdoor areas of public schools and preschools.
(B) A person who fails to comply with subsection (A) must be referred by the school district to smoking cessation services as provided for in subsection (C).
(C) School districts shall provide or refer students and staff to smoking cessation services and shall ensure that tobacco use prevention programs, as recommended by the South Carolina Department of Health and Environmental Control, the South Carolina Department of Alcohol and Other Drug Abuse Services, and the South Carolina Department of Education, are an integral part of a school district's substance abuse prevention efforts. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
Senator SHEHEEN proposed the following amendment (JUD0103.002), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 44-95-20 of the 1976 Code is amended to read:
"Section 44-95-20. (A) It is unlawful for a person to smoke or possess lighted smoking material in any form in the following public indoor areas except where a smoking area is designated as provided for in this chapter:
(1) public schools and preschools where routine or regular kindergarten, elementary, or secondary educational classes are held including libraries, private offices, and teacher lounges.; Private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board. This section does not prohibit school district boards of trustees from providing for a smoke-free campus;
(2) all other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other child day care facilities, as defined in Section 20-7-2700, which are licensed pursuant to subarticle 11, Article 13, Chapter 7, of Title 20;
(3) health care facilities as defined in Section 44-7-130, except where smoking areas are designated in employee break areas. However, nothing in this chapter prohibits or precludes a health care facility from being smoke free;
(4) government buildings, except health care facilities as provided for in this section, except that smoking may be allowed in enclosed private offices and designated areas of employee break areas. However, smoking policies in the State Capitol and Legislative Office Buildings must be determined by the office of government having control over its respective area of the buildings. 'Government buildings' means buildings or portions of buildings which that are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions of buildings which that are leased to other organizations or corporations;
(5) elevators;
(6) public transportation vehicles, except for taxicabs; and
(7) arenas and auditoriums of public theaters or public performing art centers. However, smoking areas may be designated in foyers, lobbies, or other common areas, and smoking is permitted as part of a legitimate theatrical performance.
(B) Notwithstanding any other provision of state law, a county or municipality may enact ordinances prohibiting or restricting smoking in businesses or establishments open to the general public." /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
Senator McCONNELL desired to be recorded as voting against the adoption of Amendment No. 2, which was proposed by Senator SHEHEEN, as well as against, second reading of the Bill, as amended.
S. 213 (Word version) -- Senators Lourie, Hayes, Fair, Setzler, Courson, Vaughn, Cromer, Leatherman, McGill, Knotts, Alexander and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007" SO AS
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
Senators HUTTO and LOURIE proposed the following amendment (JUD0213.010), which was adopted:
Amend the committee report, page [213-15], after line 35, by adding an appropriately numbered SECTION to read:
/ SECTION ___. Section 20-7-320 of the 1976 Code is amended to read:
"Section 20-7-320. No provision of law prohibiting the use or possession of beer, wine, or alcoholic beverages by minors persons under twenty-one years of age shall apply to any minor person under twenty-one years of age in the home of his parents or guardian or to any such beverage used for religious ceremonies or purposes so long as such beverage was legally purchased." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the perfecting amendment.
The amendment was adopted.
The Committee on Judiciary proposed the following amendment (JUD0213.009), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING THE "PREVENTION OF UNDERAGE DRINKING AND ACCESS TO ALCOHOL ACT OF 2007" SO AS TO ADD ARTICLE 19, CHAPTER 4, TITLE 61 TO REQUIRE THE REGISTRATION OF KEGS, TO DEFINE TERMS ASSOCIATED WITH THE ARTICLE, TO PROVIDE A PROCEDURE FOR THE REGISTRATION OF KEGS, AND TO PROVIDE FINES FOR VIOLATIONS; TO AMEND ARTICLE 13, CHAPTER 6, TITLE 61, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL ACT, BY ADDING SECTION 61-6-4075, SO AS TO CREATE THE OFFENSE OF ILLEGAL PURCHASE OF ALCOHOLIC LIQUORS FOR ANOTHER'S CONSUMPTION ON THE PREMISES AND TO PROVIDE A PENALTY, AND BY ADDING SECTION 61-6-4085, SO AS TO REQUIRE CRIMINAL CHARGES TO BE BROUGHT AGAINST BOTH THE SELLER AND PURCHASER REGARDING THE ILLEGAL SALE OF ALCOHOLIC LIQUORS TO MINORS AND TO CREATE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTIONS 20-7-8920 AND 20-7-8925, BOTH AS AMENDED, RELATING TO PURCHASE OR POSSESSION OF BEER, WINE, AND ALCOHOLIC LIQUORS, SO AS TO EQUALIZE THE PENALTIES FOR THE OFFENSES, TO REQUIRE THAT THE VIOLATOR COMPLETE AN ALCOHOL EDUCATION PROGRAM, AND TO PROVIDE AN EXCEPTION FOR THE USE OF MINORS BY LAW ENFORCEMENT UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 56-1-746, RELATING TO DRIVER'S LICENSE SUSPENSION FOR CERTAIN OFFENSES INVOLVING THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, WINE, OR ALCOHOLIC LIQUORS BY MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND REQUIRE NOTIFICATION OF THE MINOR'S PARENT WHEN THE MINOR'S DRIVER'S LICENSE IS SUSPENDED; TO AMEND SECTION 61-4-50, RELATING TO THE UNLAWFUL SALE OF BEER OR WINE TO MINORS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO REQUIRE THE
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Prevention of Underage Drinking and Access to Alcohol Act of 2007".
SECTION 2. Chapter 4, Title 61 of the 1976 Code is amended by adding:
Keg Registration
Section 61-4-1910. For purposes of this article.
(1) 'Keg' means a container of beer with a capacity of 5.16 gallons or more that is designed to dispense beer directly from the container in an off-premises location.
(2) 'Retail licensee' means the holder of a retail beer or wine license issued by the Department of Revenue.
Section 61-4-1920. (A) A retail licensee shall not sell a keg of beer without:
(1) recording the date of sale, the keg identification number, the name, address, and birth date of the purchaser, and the driver's license or identification card number presented by the purchaser;
(2) requiring the purchaser to sign a statement attesting to the accuracy of the purchaser's information, acknowledging that, unless otherwise permitted by law, it is unlawful to transfer beer to a person under the age of twenty-one, and that, unless otherwise permitted by law, the beer in the keg will not be consumed by a person under the age of twenty-one; and
(3) attaching an identification label to the keg with the name, address, and license number of the retail licensee and the keg identification number.
(B) The Department of Revenue shall prescribe and provide the form to be used that contains the keg identification information and the purchaser's statement. The Department of Revenue also shall prescribe and provide the keg identification label and the manner in which the label must be attached to the keg.
(C) The retail licensee shall maintain the keg identification form and the purchaser's statement form for a minimum of ninety days from the date the keg is purchased. These forms must be available during normal business hours for inspection by the Department of Revenue and appropriate law enforcement agencies.
(D) The retail licensee shall record the date of return of a keg on the proper identification form. After the keg is returned, it shall be the responsibility of the retail licensee to remove the label. The purchaser shall receive a receipt from the retail licensee that the keg was returned with the label appropriately affixed. If there is no label affixed to the keg or if the identification number is not legible, the retail licensee shall indicate this fact on the proper keg identification and purchaser statement form.
(E) The retail licensee may not refund a deposit for a keg that is returned without the identification label and identification number intact and legible.
(F) A retail licensee who violates the provisions of this section is subject to suspension or revocation of his beer or wine license or monetary penalties pursuant to Section 61-4-250. A person who violates a provision of this section:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars.
Section 61-4-1930. (A) A person may not knowingly possess a keg that does not have the proper label with all information accurately recorded, unless the person can demonstrate by a preponderance of the evidence that the keg was not correctly labeled by the seller pursuant to the requirements of Section 61-4-1920.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(C) The provisions of this section do not apply to any manufacturer, shipper, wholesaler, or licensee.
Section 61-4-1940. (A) A person may not purposefully remove, alter, obliterate, or allow to be removed, altered, or obliterated, a keg label or other information recorded on the label.
(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than thirty days, or both.
(C) The provisions of this section do not apply to any manufacturer, shipper, wholesaler, licensee, the Department of Revenue, or other appropriate law enforcement agency."
SECTION 3. Article 13, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-4075. It is unlawful for a person who purchases alcoholic liquors while on licensed premises to give the alcoholic liquors to a person to whom it cannot lawfully be sold on the premises. A person who violates the provisions of this section, upon conviction:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both."
SECTION 4. Article 13, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-4085. (A) If a person is charged with a violation of the unlawful sale of alcoholic liquors to minors pursuant to Section 61-6-4080, the minor also must be charged with a violation of the unlawful purchase or possession of alcoholic liquors pursuant to
(B) A person may not be charged with a violation of Section 61-6-4080 if the provisions of subsection (A) are not met.
(C) Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.
(D) Notwithstanding the provisions of subsections (A) and (B), a person under the age of twenty-one may be recruited and authorized by a law enforcement agency to test an establishment's compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent. If the requirements of this subsection are met, a person may be charged with a violation of Section 61-6-4080 without the requirement that the minor also be charged."
SECTION 5. Section 20-7-8920 of the 1976 Code, as last amended by Act 1 of 1999, is further amended to read:
"Section 20-7-8920. (A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess beer, ale, porter, wine, or other similar malt or fermented beverage. Possession is prima facie evidence that it was knowingly possessed. A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five one hundred dollars nor more than one two hundred dollars or must be imprisoned for not more than thirty days, or both.
(B) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved alcohol prevention education or intervention program. The program must be a minimum of eight hours and the cost to the person may not exceed one hundred fifty dollars.
(C) Persons A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are is not considered to be in unlawful possession of the beverages during the course and scope of their his duties as an employee. The provisions of this subsection do
(C)(D) This section does not apply to any an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(D)(E) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must remain at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum.
(F) The provisions of this section do not apply to a person under the age of twenty-one who is recruited and authorized by a law enforcement agency to test an establishment's compliance with laws relating to the unlawful transfer or sale of beer or wine to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent."
SECTION 6. Section 20-7-8925 of the 1976 Code, as last amended by Act 1 of 1999, is further amended to read:
"Section 20-7-8925. (A) It is unlawful for a person under the age of twenty-one to purchase, attempt to purchase, consume, or knowingly possess alcoholic liquors. Possession is prima facie evidence that it was knowingly possessed. It is also unlawful for a person to falsely represent his age for the purpose of procuring alcoholic liquors.
(B) A person violating who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or must be imprisoned for not more than thirty days, or both.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved alcohol prevention education or intervention program. The program must be a minimum of eight hours and the cost to the person may not exceed one hundred fifty dollars.
(D) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any alcoholic liquor as part of the required curriculum; and
(4) tastes the liquor pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The alcoholic liquor must remain at all times remain in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection shall may be construed to allow a student under the age of twenty-one to receive any alcoholic liquor unless the liquor it is delivered as part of the student's required curriculum, and the liquor it is used only for instructional purposes during classes conducted pursuant to the curriculum.
(E) The provisions of this section do not apply to a person under the age of twenty-one who is recruited and authorized by a law enforcement agency to test an establishment's compliance with the laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent."
SECTION 7. Section 56-1-746 of the 1976 Code is amended to read:
"Section 56-1-746. (A) The Department of Motor Vehicles shall suspend the driver's license of any a person convicted of the offenses an offense contained in Sections 56-1-510(2), 56-1-510(5), 56-1-515, 61-4-60, 61-4-80, 61-4-90, 61-6-4070, 20-7-8920, and 20-7-8925 as follows:
(1) for a conviction for a first offense, for a period of ninety one hundred eighty days; and
(2) for a conviction for a second or subsequent offense, for a period of six months one year.
(B) For the purposes of determining a prior offenses offense, a conviction of any of the offenses for an offense enumerated in subsection (A) within ten years of the date of the violation is considered a prior offense.
(C) Notwithstanding the provisions of Section 56-1-460, any a person convicted under pursuant to the provisions of this section shall must be punished pursuant to Section 56-1-440 and is not required to furnish proof of financial responsibility as provided for in Section 56-9-500. The conviction shall may not result in any an insurance penalty under pursuant to the Merit Rating Plan promulgated by the Department of Insurance.
(D)(1) If an individual is employed or enrolled in a college or university, or a court-ordered drug program, at any time while his driver's license is suspended pursuant to this section, he may apply for a special restricted driver's license permitting him to drive only to and from work, his place of education, or the court-ordered drug program, and in the course of his employment, education, or a court-ordered drug program during the period of suspension. The department may issue the special restricted driver's license only upon a showing by the individual that he is employed or enrolled in a college, university, or court-ordered drug program, that he lives further than one mile from his place of employment, education, or court-ordered drug program, and that there is no adequate public transportation between his residence and his place of employment, his place of education, or court-ordered drug program.
(2) If the department issues a special restricted driver's license, it shall designate reasonable restrictions on the times during which and routes on which the individual may operate a motor vehicle. A change in the employment hours, place of employment, status as a student, status of attendance in his court-ordered drug program, or residence must be reported immediately to the department by the licensee.
(3) The fee for a special restricted driver's license is one hundred dollars, but no additional fee is due because of changes in the place and hours of employment, education, or residence. Twenty dollars of this fee must be deposited in the state general fund and eighty dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles.
(4) The operation of a motor vehicle outside the time limits and route imposed by a special restricted license by the person issued that license is a violation of Section 56-1-460."
SECTION 8. Section 61-4-50 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-50. (A) It is unlawful for a person to sell beer, ale, porter, wine, or other similar malt or fermented beverage to a person under twenty-one years of age. A person who makes a sale in violation of this section must, upon conviction, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) Failure of a person to require identification to verify a person's age is prima facie evidence of the violation of this section.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars."
SECTION 9. Section 61-4-60 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-60. It is unlawful for a person to whom beer or wine cannot be lawfully sold to knowingly give false information concerning his age for the purpose of purchasing beer or wine. A person who violates the provisions of this section, upon conviction, must be fined not less than fifty one hundred dollars nor more than one two hundred dollars or be imprisoned for not more than thirty days, or both."
SECTION 10. Section 61-4-80 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-80. It is unlawful for a person who purchases beer or wine while on licensed premises to give the beer or wine to a person to whom beer or wine cannot lawfully be sold, for consumption on the premises. A person who violates this section must, upon conviction, be fined not less than fifty nor more than one hundred dollars or imprisoned for not more than thirty days:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both."
SECTION 11. Section 61-4-90 of the 1976 Code, as last amended by Act 1 of 1999, is further amended to read:
"Section 61-4-90. (A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption beer or wine at any place in the State, unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of beer and wine to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) A person found guilty of a violation of Section 61-6-4070 and this section may not be sentenced under both sections for the same offense.
(C) The provisions of this section do not apply to a:
(1) spouse over the age of twenty-one giving beer or wine to his spouse under the age of twenty-one in their home;
(2) to a parent or guardian over the age of twenty-one giving beer or wine to his children or wards under the age of twenty-one in their home; or
(3) to a person giving beer or wine to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the beer or wine was lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any beer, ale, porter, wine, or other similar malt or fermented beverage to a student under the age of twenty-one if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on
(3) the student is required to taste, but not consume or imbibe, the beverage during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the beverage is never offered for consumption or imbibed by the student; and
(5) the beverage at all times remains in the possession and control of the authorized instructor.
(D) A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(E) This section does not apply to an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(F) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."
SECTION 12. Section 61-4-100 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-100. (A) If a person is charged with a violation of Section 61-4-50 (the unlawful sale of beer or wine to minors) pursuant
(B) Unless the provisions of this section are complied with, no A person may not be charged with a violation of Section 61-4-50 may be convicted of the offense if the provisions of subsection (A) are not met.
(C) Nothing in this section requires that charges made pursuant to this section be prosecuted to conclusion; but rather this determination must be made in the manner provided by law.
(D) Notwithstanding the provisions of subsections (A) and (B), a person under the age of twenty-one may be recruited and authorized by a law enforcement agency to test an establishment's compliance with laws relating to the unlawful transfer or sale of beer or wine to a minor. The testing must be under the direct supervision of a law enforcement agency, and the agency must have the person's parental consent. If the requirements of this subsection are met, a person may be charged with a violation of Section 61-4-50 without the requirement that the minor also be charged."
SECTION 13. Section 61-6-4070 of the 1976 Code, as last amended by Act 1 of 1999, is further amended to read:
"Section 61-6-4070. (A) It is unlawful for a person to transfer or give to a person under the age of twenty-one years for the purpose of consumption alcoholic liquors at any place in the State unless the person under the age of twenty-one is recruited and authorized by a law enforcement agency to test a person's compliance with laws relating to the unlawful transfer or sale of alcoholic liquors to a minor. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) A person found guilty of a violation of Section 61-4-90 and this section may not be sentenced under both sections for the same offense.
(C) The provisions of this section do not apply to a:
(1) spouse over the age of twenty-one giving alcoholic liquors to his spouse under the age of twenty-one in their home;
(2) to a parent or guardian over the age of twenty-one giving alcoholic liquors to his children or wards under the age of twenty-one in their home; or
(3) to a person giving alcoholic liquors to another person under the age of twenty-one in conjunction with a religious ceremony or purpose if the alcoholic liquors were lawfully purchased.
The provisions of this section do not apply to a person who gives, serves, or permits to be served any alcoholic liquors to a student under the age of twenty-one, if:
(1) the person is an authorized instructor of an accredited college or university and is twenty-one years of age or older;
(2) the student, eighteen years of age or older, is enrolled in the accredited college or university and is a student in a culinary course which has been approved through review by the State Commission on Higher Education, and the liquor is delivered as part of the student's required curriculum and is used only for instructional purposes during classes conducted pursuant to such curriculum;
(3) the student is required to taste, but not consume or imbibe, the liquor during classes conducted under the supervision of the authorized instructor pursuant to the curriculum;
(4) the liquor is never offered for consumption or imbibed by the student; and
(5) the liquor at all times remains in the possession and control of the authorized instructor
(D) A person eighteen years of age and over lawfully employed to serve or remove beer, wine, or alcoholic beverages in establishments licensed to sell these beverages are not considered to be in unlawful possession of the beverages during the course and scope of their duties as an employee. The provisions of this subsection do not affect the requirement that a bartender must be at least twenty-one years of age.
(E) This section does not apply to an employee lawfully engaged in the sale or delivery of these beverages in an unopened container.
(F) The provisions of this section do not apply to a student who:
(1) is eighteen years of age or older;
(2) is enrolled in an accredited college or university and a student in a culinary course that has been approved through review by the State Commission on Higher Education;
(3) is required to taste, but not consume or imbibe, any beer, ale, porter, wine, or other similar malt or fermented beverage as part of the required curriculum; and
(4) tastes a beverage pursuant to item (3) only for instructional purposes during classes that are part of the curriculum of the accredited college or university.
The beverage must remain at all times in the possession and control of an authorized instructor of the college or university who must be twenty-one years of age or older. Nothing in this subsection may be construed to allow a student under the age of twenty-one to receive any beer, ale, porter, wine, or other similar malt or fermented beverage unless the beverage is delivered as part of the student's required curriculum and the beverage is used only for instructional purposes during classes conducted pursuant to the curriculum."
SECTION 14. Section 61-6-4080 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-4080. (A) A person engaged in the sale of alcoholic liquors who knowingly sells the alcoholic liquors to a person under the age of twenty-one is guilty of a misdemeanor and must, upon conviction, be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned not less than thirty days nor more than sixty days, or both, in the discretion of the court.:
(1) for a first offense, must be fined not less than two hundred dollars nor more than three hundred dollars or imprisoned not more than thirty days, or both; and
(2) for a second or subsequent offense, must be fined not less than four hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days, or both.
(B) Failure of a person to require identification to verify a person's age is prima facie evidence of the a violation of this section.
(C) A person who violates the provisions of this section also is required to successfully complete a DAODAS approved merchant alcohol enforcement education program. The program must be a minimum of two hours and the cost to the person may not exceed fifty dollars."
SECTION 15. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter,
SECTION 16. If any section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, item, subitem, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, items, subitems, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 17. This act takes effect on July 1, 2007, except that the provisions of Article 19, Chapter 4, Title 61 shall become effective on January 1, 2008. /
Renumber sections to conform.
Amend title to conform.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 291 (Word version) -- Senators Ritchie, McConnell, Malloy, Sheheen, Peeler, Courson, Setzler, Mescher, Gregory, Anderson and Cleary: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-25 SO AS TO PROVIDE THAT A RESIDENT STUDENT WHO HAS COMPLETED AT LEAST THIRTY CREDIT HOURS AND IS ATTENDING A PUBLIC OR PRIVATE INSTITUTION IN THIS STATE, MAJORING IN SCIENCE OR MATHEMATICS, AND RECEIVING A PALMETTO
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Education.
Senators COURSON and SETZLER proposed the following amendment (291R003.JEC), which was adopted:
Amend the committee amendment, as and if amended, page [291-2], by striking lines 7 - 9 and inserting:
/ laboratory course; and a student majoring in education is required to have been admitted to a teacher education program. /
Amend the committee amendment further, as and if amended, page [291-4], by striking lines 1- 5 and inserting:
/ with a minimum of twelve hours in mathematics and a minimum of twelve hours in life and physical science including one
Renumber sections to conform.
Amend title to conform.
Senator COURSON explained the perfecting amendment.
The amendment was adopted.
The Committee on Education proposed the following amendment (291R002.JEC), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 104, Title 59 of the 1976 Code is amended by adding:
"Section 59-104-25. (A) A resident student who has completed at least sixty credit hours and is attending a four-year public or private institution of higher learning in this State, majoring in science, mathematics, or education, as defined below, and who is receiving a Palmetto Fellows Scholarship for his current year, shall receive an additional Palmetto Fellows Loan equal to the cost of attendance after applying all scholarships or grants not to exceed three thousand three hundred dollars each year for not more than two years of instruction if enrolled in a four-year degree program or for not more than three years of instruction if enrolled in a five-year degree program or enrolled in a 3 plus 2 program. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional Palmetto Fellows Loan each year, a student must receive the underlying Palmetto Fellows Scholarship for that year and must be making satisfactory academic progress each year toward receiving a degree in his science, mathematics, or education major. In addition, before qualifying for the Palmetto Fellows Loan, a student majoring in science or mathematics is required to have successfully completed a total of at least twenty-eight credit hours of instruction in mathematics and life and physical science courses with a minimum of twelve hours in mathematics and a minimum of twelve hours in life and physical science including one laboratory course; and a student majoring in education is required to have successfully completed a total of at least fourteen credit hours in instruction in technical or general education courses.
(B) The Commission on Higher Education, by regulation, shall define what constitutes a science, mathematics, or education major and
(C) This additional Palmetto Fellows Loan, if lost, may be regained in the same manner the underlying Palmetto Fellows Scholarship, if lost, may be regained.
(D)(1) A recipient of the Palmetto Fellows Loan who obtains at least a qualifying degree pursuant to subsection (B) may have up to one hundred percent of the amount of the loan plus interest on the loan canceled. The loan is canceled at a rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year a recipient with a science or mathematics degree is employed in this State and files a South Carolina residential income tax return, or for each complete year a recipient with an education degree is employed as a certified teacher in this State and files a South Carolina residential income tax return. The loan must be canceled beginning from the actual date of employment of a recipient. A recipient of a loan shall notify the South Carolina Student Loan Corporation and provide supporting documentation verifying employment within six months of graduation if he is entitled to have his loan canceled. A recipient seeking loan cancellation also shall provide the South Carolina Student Loan Corporation with evidence that he has filed taxes in South Carolina by May first of each year.
(2) In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, failure by a recipient to notify the commission within thirty days that he no longer meets the employment or residency requirements of subsection (D)(1), or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable in accordance with regulations promulgated pursuant to this subsection and subject to the terms of the promissory note. A recipient shall execute the necessary legal documents to secure his obligation and the terms and conditions of the loan.
(3) Failure by a recipient to inform the commission in writing within thirty days that he no longer meets the employment or residency requirements of subsection (D)(1) subjects a recipient to liability for
(4) The loan program is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a revolving account for the purpose that the funds were originally appropriated.
(5) The Commission on Higher Education shall promulgate regulations to implement this loan program."
SECTION 2. Chapter 149, Title 59 of the 1976 Code is amended by adding:
"Section 59-149-15. (A) A resident student who has completed at least sixty credit hours and is attending a four-year public or private institution of higher learning in this State majoring in science, mathematics, or education, as defined below, and who is receiving a LIFE Scholarship for his current year shall receive an additional LIFE Loan equal to the cost of attendance after applying all scholarships or grants not to exceed two thousand five hundred dollars each year for not more than two years of instruction if enrolled in a four-year degree program or for not more than three years of instruction if enrolled in a five-year degree program or enrolled in a 3 plus 2 program. A year is defined as thirty credit hours of instruction or its equivalent each year. To receive the additional LIFE Loan each year, a student must receive the underlying LIFE Scholarship for that year and must be making satisfactory academic progress each year toward receiving a degree in his science, mathematics, or education major. In addition, before qualifying for the LIFE Loan, a student majoring in science or mathematics is required to have successfully completed a total of at least twenty-eight credit hours of instruction in mathematics and life and physical science courses with a minimum of twelve hours in mathematics and a minimum of twelve hours in life and physical science including one laboratory course; and a student majoring in education is required to have successfully completed a total of at least fourteen credit hours of instruction in technical or general education courses.
(B) The Commission on Higher Education, by regulation, shall define what constitutes a science, mathematics, or education major and qualifying degree for purposes of this section, but at a minimum shall include majors and degrees in science or mathematics disciplines, computer science or informational technology, engineering, and health care and related disciplines including medicine and dentistry; provided,
(C) This additional LIFE Loan, if lost, may be regained in the same manner the underlying LIFE Scholarship, if lost, may be regained.
(D)(1) A recipient of the LIFE Loan who obtains at least a qualifying degree pursuant to subsection (B) may have up to one hundred percent of the amount of the loan plus interest on the loan canceled. The loan is canceled at a rate of twenty percent of the total principal amount of the loan plus interest on the unpaid balance for each complete year a recipient with a science or mathematics degree is employed in this State and files a South Carolina residential income tax return, or for each complete year a recipient with an education degree is employed as a certified teacher in this State and files a South Carolina residential income tax return. The loan must be canceled beginning from the actual date of employment of a recipient. A recipient of the loan shall notify the South Carolina Student Loan Corporation and provide supporting documentation verifying employment within six months of graduation if he is entitled to have his loan canceled. A recipient seeking loan cancellation also shall provide the South Carolina Student Loan Corporation with evidence that he has filed taxes in South Carolina by May first of each year.
(2) In case of failure to make a scheduled repayment of any installment, failure to apply for cancellation of deferment of the loan on time, failure by a recipient to notify the commission within thirty days that he no longer meets the employment or residency requirements of subsection (D)(1), or noncompliance by a borrower with the intent of the loan, the entire unpaid indebtedness including accrued interest, at the option of the commission, shall become immediately due and payable in accordance with regulations promulgated pursuant to this subsection and subject to the terms of the promissory note. A recipient shall execute the necessary legal documents to secure his obligation and the terms and conditions of the loan.
(3) Failure by a recipient to inform the commission in writing within thirty days that he no longer meets the employment or residency requirements of subsection (D)(1) subjects a recipient to liability for administrative costs incurred by the commission in determining the actual date of termination for purposes of applying interest charges.
(4) The loan program is to be administered by the South Carolina Student Loan Corporation. Funds generated from repayments to the loan program must be retained in a separate account and utilized as a
(5) The Commission on Higher Education shall promulgate regulations to implement this loan program."
SECTION 3. This act takes effect upon approval by the Governor, and applies beginning with the academic year beginning in the fall of 2007. /
Renumber sections to conform.
Amend title to conform.
Senator COURSON explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
S. 448 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-360 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE OR ATTEMPT TO TAKE ELK EXCEPT AS PERMITTED BY REGULATION OF THE DEPARTMENT AND TO PROVIDE PENALTIES FOR VIOLATION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Committee on Fish, Game and Forestry proposed the following amendment (448R002.CKG), which was tabled:
Amend the bill, as and if amended, SECTION 1, page 1, by striking line 29 and inserting:
/ be fined not more than two thousand five hundred dollars or imprisoned for not /
Renumber sections to conform.
Amend title to conform.
On motion of Senator MARTIN, with unanimous consent, the committee amendment was tabled.
Senators McCONNELL and MARTIN proposed the following amendment (S-448 AMENDMENT), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 11, Title 50 of the 1976 Code is amended by adding:
"Section 50-11-360. It is unlawful to take or attempt to take elk (Cervus elaphus). A person convicted of violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned for not more than thirty days, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MARTIN explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
H. 3396 (Word version) -- Reps. Cato, Harrell, Sandifer, Bales, Battle, G. Brown, Chellis, Cooper, Haley, Hamilton, Harrison, Herbkersman, Howard, Jennings, Leach, Mack, Merrill, Ott, Owens, Perry, Scarborough, Thompson, Huggins, Dantzler and Viers: A BILL TO AMEND SECTION 58-12-5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSES, FUNDING, AND PREEMPTION PROVISIONS IN REGARD TO CABLE TELEVISION SERVICES, SO AS TO INCLUDE VIDEO SERVICES THEREIN; TO AMEND ARTICLE 3, CHAPTER 12 OF TITLE 58, RELATING TO STATE-ISSUED CERTIFICATES OF FRANCHISE AUTHORITY FOR THE PROVISION OF CABLE SERVICES, SO AS TO ALSO MAKE THE PROVISIONS OF THIS ARTICLE APPLICABLE TO VIDEO SERVICES PROVIDED THROUGH WIRELINE FACILITIES; AND TO AMEND SECTION 58-9-2200, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO TELECOMMUNICATIONS SERVICES, SO AS TO REVISE THE DEFINITION OF "RETAIL TELECOMMUNICATIONS SERVICES".
On motion of Senator CAMPSEN, with unanimous consent, the Bill was carried over.
S. 358 (Word version) -- Senator Knotts: A CONCURRENT RESOLUTION TO REAFFIRM THE GENERAL ASSEMBLY'S COMMITMENT TO OPEN GOVERNMENT IN SOUTH CAROLINA; TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT IN OPEN GOVERNMENT AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS ROLE IN PROMOTING OPEN GOVERNMENT; TO DECLARE MARCH 11, 2007, AS "SUNSHINE SUNDAY" AND MARCH 11-17, 2007, AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA" AND TO ENCOURAGE PARTICIPATION IN THESE ACTIVITIES COMMEMORATING OUR OPEN, DEMOCRATIC GOVERNMENT.
Senator MARTIN explained the Resolution.
The Concurrent Resolution was adopted, ordered sent to the House.
Senator HAWKINS rose for an Expression of Personal Interest.
H. 3408 (Word version) -- Reps. Witherspoon, Barfield, Merrill, Ceips, Brantley, Chellis, Coleman, Crawford, Davenport, Duncan, Edge, Hardwick, Harrison, Hinson, Kelly, Loftis, Lowe, Mahaffey, Moss, M.A. Pitts, Sandifer, W.D. Smith, Thompson and Walker: A CONCURRENT RESOLUTION TO COMMEND SOUTH CAROLINA MARINAS FOR THEIR VITAL ROLE IN PROVIDING A GATEWAY TO BOATING FOR THE CITIZENS AND VISITORS OF SOUTH CAROLINA AND TO RECOGNIZE AUGUST 11, 2007 AS NATIONAL MARINA DAY TO HONOR MARINAS FOR THEIR MANY CONTRIBUTIONS.
The Concurrent Resolution was adopted, ordered returned to the House.
On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.
THE SENATE PROCEEDED TO THE SPECIAL ORDERS.
H. 3097 (Word version) -- Reps. Rice, Walker, G.R. Smith, Shoopman, Cobb-Hunter, Mahaffey, Cotty, Owens, D.C. Smith, Bedingfield, Bales and Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL ESTABLISH THE SOUTH CAROLINA VIRTUAL SCHOOL PROGRAM, PROVIDE REQUIREMENTS FOR THE VIRTUAL SCHOOL PROGRAM, PROVIDE FOR COURSES OFFERED FOR CERTAIN CREDIT, PROVIDE FOR THE VIRTUAL SCHOOL PROGRAM'S TEACHERS, PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS, PROVIDE FOR A STUDY TO DETERMINE THE FEASIBILITY OF PROVIDING THE VIRTUAL SCHOOL PROGRAM TO STUDENTS ENROLLED IN ADULT EDUCATION PROGRAMS, PROVIDE FOR AN ANNUAL REPORT TO THE GENERAL ASSEMBLY, AND PROVIDE FOR AN ON-LINE PROGRAM IN A CHARTER SCHOOL; AND BY ADDING SECTION 59-40-65 SO AS TO PROVIDE THAT CERTAIN INFORMATION MUST BE INCLUDED IN THE CHARTER SCHOOL APPLICATION IF A CHARTER SCHOOL OFFERS A PROGRAM OF ON-LINE INSTRUCTION AND PROVIDE THAT CHARTER SCHOOL STUDENTS MAY ENROLL IN THE VIRTUAL SCHOOL PROGRAM PURSUANT TO PROGRAM REQUIREMENTS.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator PATTERSON spoke on the Bill.
With Senator PATTERSON retaining the floor, Senator MARTIN asked unanimous consent to carry over the Bill and to make a motion to vary the Order of the Day to take up H. 3097 for consideration on Tuesday, March 13, 2007, prior to the consideration of the Interrupted Debate.
Senator MOORE objected.
Senator PATTERSON resumed speaking on the Bill.
Senator MARTIN asked unanimous consent to make a motion to carry over the Bill and to make a motion to vary the Order of the Day on Tuesday, March 13, 2007, to take up for consideration H. 3097 prior to consideration of the Interrupted Debate; and, further, that following the disposition of H. 3907, the Senate would resume a regular Call of the Calendar.
There was no objection and the motion was adopted.
The Bill was carried over.
On motion of Senator CROMER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. L. D. Gardner of Newberry, S.C., beloved father of Alan Gardner, former chief of staff for Lt. Governor André Bauer.
At 12:23 P.M., on motion of Senator MARTIN, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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